Intro/History
1. Article III
a. Initially created the federal judicial system
b. The judicial power of the US, shall be vested in one Supreme Court and in such inferior courts as Congress may from time to time ordain and establish …in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the SC shall have original JD.
c. In all other cases, the SC will have appellate JD
d. Section 2: limitation of JD to “cases and controversies”
2. Federalists/Anti Federalists: wanted to cultivate virtuous citizenship
a. Federalists: believed in a strong federal government would discourage factions because factions
b. Anti-federalists: believed in a decentralized government and would encourage brotherhood and small communities
3. The values of federalism
a. Efficiency
b. Promoting individual choice
c. Encouraging experimentation
d. Promoting democracy
e. Preventing tyranny
4. Articles of Confederation
a. Each state retained sovereignty, freedom and independence
b. Very few powers delegated to the national government
1. Wage war
2. Coin money
3. Establish post offices
4. Deal w/ Indian tribes
5. No executive or federal judiciary authority
5. Constitution
a. Established stability
10th amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
A. Judicial Review Power (always includes a consequence)
1. Marbury v. Madison: case that established judicial review
a. Black Letter Law: Where the Constitution, as interpreted by the Supreme Court, conflicts with the law or actions of the other branches of government, the SC may declare such laws or actions unconstitutional or invalid. Basically, gave the authority by the federal judiciary to review the constitutionality of both the executive and legislative branches
b. Facts: Marbury was appointed as federal judge by outgoing President Adams, but before Marbury’s commission was delivered, Jefferson took over and rescinded. Marbury sought a writ of Mandamus to compel Jefferson to give him his job
1. Writ of Mandamus: issued by the courts ordering government official to perform a ministerial act
c. Three Questions
1. Does he have right to commission? Yes
Marbury was appointed and was complete w/ US seal and signed by President.
Fai
t rule on it
d. Rationale
1. Constitution is fundamental and paramount and ANY conflict is void
2. The Con itself gives itself the judiciary jurisdiction over “all cases arising under the Con” – the Judiciary act gave them additional original JD not stated in the Constitution
3. The Court has power to invalidate ANY laws in conflict
4. Marshall must have shown the writ was his ONLY remedy
5. Alternative ways: (a) interpretation in article III
(b) Exceptions in subsection 2 give Congress the power to add to SC’s original JD
(c) Interpret sub (2) as not “exclusive”, therefore “floor, not ceiling”
(d) Interpret to only applying to appellate courts
B. Interpretive Approaches
1. Maxims of interpretation
a. Text: what a particular word might mean, [if the framers meant to say “y”, they would have said “x”]…this is an argument of a word that we have
1. Drawbacks: assume that there is some kind of coherence to the entire document
